The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-21
THE KoUTs INVESTIGATION.
Work of the Porter County Grand Jury
Text of Judge Fields's Charge.

Valparaiso Special
The grand jury of this county is now at work
investigating the Kouts railroad disaster. They
propose make a thorough inquiry into tho
cause of the wreck. and are assisted by Mr. Ed
ward Crumpackar. the prosecuting attorney.
Quite number of railroad mon OF the Chicago
& Atlantic aud others have been summoned to
appear before the jury. The charge of Judge
Fields to the jury is follows:
Gentlemen of the Grand jury have
called you together for the special purpose OF
making investigation into the facts OF the late
railroad disaster in this county Last week. as
you are aware, on the Chicago q Atlantic rail-
road freight ran into a passenger tain, causing
great loss of human life.
General inforation that this occurred only
fifty miles from Chicago. and after tho passen-
ger train had been out nearly five hours,
struggling along good part of this time with .
crippled engine, with regular telegraph stations
over this distance only six to eight miles apart;
with perfect telegraphic communication at each
of these stations; with such Safeguards. this
freight train was Permitted to crash into tho
passenger train with dreadful consequences,
and such general information has justly created
great public Indignation. The feelings of the
public, however, have no place in this investi-
cation of yours. Indictments founded pub
lie clamor alone would DO fruitess of good re-
snlts, and in violation OF your sworn duty.
Whether not there is criminal responsibility
in this case must therefore be determined by
you from the evidence adduced. IT this in
vestieation you ind no criminal responsibility
attaches the public have vet the right to know
what the facts are, as found by a body Of men
charged under the law with a careful and inn
partial investigation.
''These lives lost in this collision invoke from
all in authority courageous discharge of official
duty, and therefore instruct you to spare no ct
fort and no expense to bring before you every
witness and all means of information tending to
throw light this question. and by careful
thought and impartial Judgment determine
whether there is criminal responsibility on the
part of any one: and If you determine that there
is, present SUCH by indictment, to this court for
trial. 1t may be. as l have already said. that
when you are in full possession of all the facts
you will not be able to bring the within any
statutory provision of criminal responsibility.
for, strangely enough, there is a noticeable want
of proper and efficient legislation in this State
controlling the actions of trainmen. agents and
officers of railroad companies and as great
lack OF legislation regulating the heating and
lighting of cars We know by observation that
the failure to enact rigid laws to regulate these
things with severe penalties in case of neglect
ness and neglect which often. and, indeed.
generally, result in great destruction Of
life as from any other cause of railroad
mlsmanagement If this is found to be So in
this case it will not be your fault. but the fault
of the law. Even in this event, do not abato
your labors as unavailing, for although the NOR
ally guilty may escape, in this instance, for
want of proper laws. your report of the facts
emphasized they will be by tho destruction
of so many human lives, will aid materially in
characterizing our present laws as weak and in
efficient and will SO thoroughly awaken the pub
lie mind to the necessities of more c0mprehen-
sive laws. that such dreadful experiences as this
may not in the future occur, if they do that
no guilty man shall escane on account Of the
failure Of the law to embrace his offense.
II need hardly say grand jury of this county
ever had such weighty responsibilities. You
fortunate in this emergency. in having for
your legal adviser a prosecuting attorney who 10
able, discreet, and fearless. The law makes
him your le gal adviser and feel assured that
when you have completed this investigation tho
law will be satisfied and the public will know
that all has been done in the premises that cans
be DONE"